762 S.E.2d 584
W. Va.2014Background
- Dorsey, an Ohio resident, stayed at Gillespie’s West Virginia home to run a drug operation in exchange for crack cocaine and other drugs.
- Gillespie testified Dorsey controlled the residence and threatened her, while providing a source of drugs for her addiction.
- State Police conducted a “knock and talk” at Gillespie’s home after informants’ tips asserted drug sales were occurring there.
- Upon entry, officers found drugs, cash, a digital scale, and a handgun; Dorsey was arrested and later charged with conspiracy and delivery offenses.
- Dorsey moved to suppress the evidence from Gillespie’s home; the circuit court denied the motion.
- The State sought to admit Rule 404(b) evidence proffered by the State; the circuit court allowed the proffer and ruled it admissible; trial occurred in July 2012 with jury verdicts on conspiracy and delivery counts; sentences run consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge the search | Dorsey had a legitimate privacy interest as an overnight/long-term resident | Gillespie consented to search and Dorsey lacked privacy rights | No reversible error; Dorsey had no reasonable expectation of privacy. |
| Plea agreement consideration | Court should have entertained the final plea proposal | Plea not finalized; court did not abuse discretion | No reversible error; court acted within discretion. |
| Admissibility of 404(b) evidence via proffer | Proffer suffices to determine admissibility under 404(b) | Proffer allowed court to assess relevance and prejudice | Proffer sufficient; court properly weighed admissibility. |
Key Cases Cited
- State v. Lacy, 196 W.Va. 104 (1996) (standards for suppressions review; de novo legal questions; factual findings reviewed for clear error)
- State v. Peacher, 167 W.Va. 540 (1981) (Fourth Amendment privacy; standing; personal privacy rights)
- State v. Adkins, 176 W.Va. 613 (1986) (overnight guest/visitor standing in dwelling for drug seizures)
- Minnesota v. Olson, 495 U.S. 91 (1990) (overnight guest has reasonable expectation of privacy in host’s home)
- Kentucky v. King, 131 S. Ct. 1849 (2011) (exigent circumstances and knock-and-enter doctrine application)
- State v. Sears, 208 W.Va. 700 (2000) (plea negotiations timing not grounds to compel terms; abuse of discretion standard)
- State v. McGinnis, 193 W.Va. 147 (1994) (Rule 404(b) admissibility process; in camera hearing; balancing test)
- State v. Bruffey, 231 W.Va. 502 (2013) (sufficiency of 404(b) proffer to permit admissibility evaluation)